Police Misconduct

[I don't like it]

What is the name of your state (only U.S. law)? Texas
My 16 yr old daughter was pulled over by a police officer and was treated very badly. He approached the car with his gun at his waist and proceeded to verbally badger her and among things told her to get her head out of her as*. He never asked for her ID. Just pulled her over talked really ugly to her and then let her off with a warning. The police want her to come in for a statement but she has already told two officers over the phone what happened. They said the other day it could be an officer from our city that we live in. Do I need an attorney to co me for her statement?

[cyjeff]

Why was she pulled over?

[DON'T LIKE IT]

She was pulled over for allegedly running a red light. She and the 3 passengers state they sat at the red light until it turned green.

[DON'T LIKE IT]

I don't understand the quote underneath your question. Is this directed to me? I don't have any idea, new here.

[BOR]

Originally Posted by DON'T LIKE IT

She was pulled over for allegedly running a red light. She and the 3 passengers state they sat at the red light until it turned green.

Will all 3 swear to that? If you can defacto prove it, he is toast.

Also, approcahing a person with a gun drawn who is not a threat, IMO, is an UNreasonable seizure under the 4th AM.

I can almost guarantee it is not permitted by department policy.

[BOR]

Originally Posted by DON'T LIKE IT

I don't understand the quote underneath your question. Is this directed to me? I don't have any idea, new here.

NO, it is called a "signature line"!

[DON'T LIKE IT]

Well, I feel really dumb now. Hmm, okay.

Are you an attorney? I have spoke with my husband about retaining an attorney for her to go in for her statement. Whichc has already spoke with two police on the phone and the initial contact at the PD minutes after the incident. I am concerned they will try to twist this.

[BOR]

Originally Posted by DON'T LIKE IT

Well, I feel really dumb now. Hmm, okay.

Are you an attorney? I have spoke with my husband about retaining an attorney for her to go in for her statement. Whichc has already spoke with two police on the phone and the initial contact at the PD minutes after the incident. I am concerned they will try to twist this.

No, I am not an attorney, but if it were me, if they called and told me to come in I would tell them to go fly a kite and do NOT call anymore.

[DON'T LIKE IT]

But that doesn't help situation in finding this cop and making sure he is reprimanded for his actions. The patrol car is on the video surveillance and they said they can't make the car out to identify but that they would call some of the agencies close by. But that it may go to internal affairs. The VS in front of the PD station shows one of the cops employed by them driving by right before the incident. However, the SOP for that PD is to call EVERY plate in on stops.

[Tallrat]

I'd take a badgering and no ticket before a ticket and a have a Have a nice day sir!

[DON'T LIKE IT]

If you were an adult, that would be understandable.

[commentator]

Yes, I'm a bit confused here about what would be the value of retaining an attorney. Since there's no possibility of damages for hurting your daughter's feelings or frightening her...and she didn't get ticketed.

I would think that simply expressing your displeasure at the way she was treated would be sufficient. It will be good if you can figure out who this is, and lodge a complaint against this person, because eventually, with a series of complaints, bad officers can be disciplined, but under the circumstances described here, if it is just exactly the way the girls describe it, the guy is a "hotdog" with a bad attitude, but didn't do something you can sue him for.

What do you mean, "afraid they will try to twist this"? Do you mean give her a retroactive ticket for running the red light, or for something she said or did during the stop?

[Tallrat]

The only thing you are going to do is make a cop who doesn't like to give tickets, start giving tickets instead of warnings. Apparently she did something dumb that could have caused an accident. When the cop found out he was dealing with teenage girl instead of some maniac he blew off some adrenaline and gave her a warning. That episode may just cause her to be more careful in the future. Best bet would be to tell daughter to drive better and learn from it.

[ecmst12]

If she's not being ticketed or investigated, she is under no obligation to give a statement to anyone. She is free to put the situation behind her.

[CdwJava]

Originally Posted by BOR

Also, approcahing a person with a gun drawn who is not a threat, IMO, is an UNreasonable seizure under the 4th AM.

I can almost guarantee it is not permitted by department policy.

Then officers in many large, urban agencies in the USA are regularly violating the law.

I think you are wrong. It is not an unlawful seizure for an officer to have his weapon drawn. It might be a violation of agency policy, and I imagine there might be a few agencies that still have some archaic policy that says if you draw it you have to be facing a serious and articulable threat, but most such policies have gone the way of the dodo in the past dozen or so years. For the most part, the officer is permitted to have his weapon out if he feels a need to do so. Depending on the circumstances, it might be unprofessional, and in some cases (such as being pointed at someone or displayed in a threatening manner) the action might even be criminal. But, if it was merely drawn and in his hand, it is hardly going to be an unlawful seizure. After all, he already had the driver detained for ostensibly running the red light.

When I was a copper in the big city, I would regularly approach a car - particularly if there were multiple occupants - with my gun drawn and behind my right thigh. I tried to keep it out of sight, but sometimes it was not - and that served me well. If the bad guys were looking, and saw that my gun was at the ready, maybe they would be less likely to attack. If, after contact, I saw that the occupants did not appear to be a threat, I would try to surreptitiously holster my weapon. But, if it were seen, oh well.

Where I currently work, when we take our guns out, the Chief would occasionally get a phone call if a cop drew a gun for ANY reason. Now, with the changing times, even this little podunk town does not challenge is on the issue any more ... too many dead cops in the news, I guess.

- Carl